Criminal Law FAQ

If you are seeking representation, or unsure if you need it, there are probably many questions or concerns on your mind. While it is easy to become overwhelmed by pending litigation against you, there is peace of mind to be found. At Cogswell and Associates, we have years of experience dealing with all aspects of criminal law and are here to support you from start to finish. So, should you have questions that aren’t answered below, please feel free to fill out the form at the bottom of the page, or give us a call to set up your initial consultation today.

Q

If I am accused of a crime, what are my next steps?

AShould you be accused of a crime, either rightly or wrongly, the first step that you should take is to find legal representation. A great legal team will help outline the steps forward and prepare you for what is to come. That is where the team at Cogswell and Associates comes into play.

Q

Is there a difference between a felony and a misdemeanor?

A

While there are several different classes of felonies and misdemeanors, the underlying difference between these two classifications is that a misdemeanor is considered the lesser of the two offenses. Felonies being categorized largely by intent to inflict physical or financial harm on others.

Q

In the event that I am arrested, what are the first steps that I should take?

A If you, or a person that you are around, are arrested, it is important to contact an attorney as soon as possible. As a U.S. citizen, you have a Constitutional right to remain silent (which you should use) and a Constitutional right to an attorney. It is also important to remember that anything you say to the authorities can and will be used against you in a court of law.

Q

What exactly is a grand jury?

AIf you hear the term “Grand Jury” it is nothing more than a jury that is comprised of a group of citizens that are selected to hear the evidence in the case and decide whether the United States Government has sufficient evidence to indict a suspect and to continue the criminal proceedings against the accused individual. The distinction must be made that the grand jury does not actually make a decision about the guilt or the innocence of the accused person.

Q

When it comes to roles in the courtroom, what does the prosecutor do?

A The prosecutor is an attorney that represents the federal, state or local government in a particular case against a criminal defendant. The actual title of a prosecutor varies by jurisdiction and may include, but are not limited to, district attorney, county attorney, city attorney, United States attorney and state attorney. It is the duty of the prosecutor to punish those individuals committing crimes while remaining balanced with the duty to fairly try such individuals in a court of law.

Q

What does the term white collar crime mean?

AThe term white collar crime refers to a nonviolent financial based crime that involves fraud or acts of dishonesty that are committed in business or otherwise commercial contexts. Some of the more common incidents of these crimes include insider trading, embezzlement and tax evasion.

Q

In Indiana, how are children and youth prosecuted?

AChildren in Indiana are tried in Juvenile Court as long as the crime was committed prior to his or her 18th birthday. However, there are four specific ways where youth can be tried in adult court: statutory exclusion, presumptive waiver, discretionary waiver, and prosecutorial discretion.

Q

Is there a difference between probation and parole?

AProbation is a form of sentencing where an individual is able to stay within the community and continue his or her life while being required to conform to a certain set of conditions placed upon them by the court. Some of these conditions are regular reporting to a probation officer in one of nine districts in Indiana, the refraining from alcohol and drugs and to remain on probation they are not allowed to commit further crimes. Parole, on the other hand, is where an individual has served time in incarceration and is granted the supervised release of a prisoner from incarceration into the back into the community at a time before the end of his or her sentence. The similarity between the two is that the conditions of parole are similar to those of probation in many cases.

Q

What is restitution and what does it include in the criminal context in Indiana?

AUnder statute 35-40-5-7, in the state of Indiana, a victim has the right to pursue an order of restitution and other civil remedies against the person convicted of a crime against the victim.

Q

What is a bench warrant?

AA bench warrant is a warrant that is issued by a judge, usually for failure to appear in court. Often times this makes getting out of jail on bond difficult as you have already failed to appear in court one time.

Q

What is, and how does bail work?

ABail is financial surety that you will appear in court when you have been released from custody. This can be done in two different ways: cash bail where you will receive a reimbursement at the end of the case if you are exonerated and bond bail where 10% of the cost goes to the bail company upon exoneration.

Q

What if the person that called the police does not want to prosecute?

AThere are a lot of different factors when it comes to police presence on a call where the reporting party does not want to prosecute. If the allegations have been proven false that is one thing; an individual that is too scared to press charges is a completely different thing. In cases such as these, the police and the prosecutor’s office are aware of the reasons for the call and are required to make a judgement call based on the information at hand. In most cases, they do not just drop charges that are founded on hard evidence, this is especially true in the case of domestic violence. A best practice is to attempt to re-interview the individual that reported the incident in an attempt determine the reason behind the wish not to press charges.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.